Charges of assault and arson have been dismissed against Twin Cities attorney David J. Gherity, who was accused of setting his longtime girlfriend on fire while she slept at his Burnsville home.

The Dakota County attorney’s office said Monday that Gherity, 61, “has a substantiated alibi at the time this incident occurred. The matter remains under investigation.”

Gherity always claimed that video and electronic surveillance proved that he was at work during the Feb. 9 incident.

According to the complaint, when firefighters arrived at the condo, the woman was sitting, on fire, at a table.

She was hospitalized for more than two months.

The woman told authorities that Gherity doused her with hair spray, nail polish and nail polish remover and lit the fire. She said she had been drinking and taking medication, then fell asleep on the couch.

Gherity’s attorney, Robert D. Miller, said Monday that Burnsville police didn’t view a video showing that his client was at work from 8:30 a.m. to 4 p.m. on the day of the fire until after they charged him.

Saying Gherity spent more than two months in jail, Miller said: “They made the correct decision to dismiss the case. … He’s totally vindicated.”